Commercial Law Keyed to Lopucki
Jacob & Youngs, Inc. v. Kent
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff built a country residence for the Defendant for $77,000.00. Construction ended in June 1914 and the defendant began to occupy the house. In March 1915, a complaint of defective performance was filed. The contract specified that the plumbing was suppose to consist of all wrought iron pipe which must be well galvanized pipe, known as standard pipe of Reading manufacture. Defendant learned in March that some of the pipe was made of pipe that was not Reading. Plaintiff was directed to do the work again which meant that part of the structure had to be torn down. Plaintiff left the work as done and asked for a final certificate that payment was due which was refused. The omission of the Reading pipe was an oversight of Plaintiff’s subcontractor, and Defendant’s architect also failed to notice the discrepancy. Plaintiff tried to show that the two pipes were of similar quality, however the evidence was excluded and a verdict was granted to the Defendant. The Appellate Divisi on reversed.
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